How to behave during interrogation by an investigator

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Адвокат Данила Олешко

Published on Apr 6, 2021
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https://www.advokatoleshko.ru/ What to do if you are summoned for questioning. How to behave during questioning. How to prepare for questioning. What rights do you have. 0:00 - introduction 0:50 - how to behave during questioning 0:56 - grounds for giving testimony 0:59 - giving explanations during an investigation 1:33 - interrogation in an initiated criminal case 1:54 - how they call you for questioning 2:59 - for what reason you are being summoned 3:48 - in what capacity you are being summoned 4:07 - interrogation of a suspect 4:23 - interrogation of a witness 4:40 - forced delivery 4:58 - the witness's right to the assistance of a lawyer, Art. 56 of the Criminal Procedure Code of the Russian Federation 5:11 - refusal of a witness to testify, Art. 308 of the Criminal Code of the Russian Federation 5:27 - motion to postpone investigative actions 6:42 - how to prepare for interrogation 7:49 - how a lawyer can help 10:57 - how to act during interrogation 12:11 - checking the interrogation protocol 12:40 - what are your rights 13:00 - right to a lawyer 13:09 - Article 51 of the Constitution of the Russian Federation 13:47 - duration of interrogation 13:52 - right to familiarize yourself with the protocol / to make a copy 14:42 - audio recording during interrogation 15:42 - spy devices, bugs, hidden cameras 16:00 - conclusion First, you need to find out in what capacity you are being summoned, as a witness, or as a suspect (accused). The victim may also be interrogated. The police, the Economic Crimes Department, the Investigative Committee (IC), and the FSB may summon you for interrogation. It is important to understand that interrogation and giving explanations are different things. Interrogation is conducted at the stage of preliminary investigation, after the criminal case has already been initiated. A subpoena may be issued for interrogation, but they cannot be issued for giving explanations. That is, questioning by an operative is not an interrogation. This means that the case has not yet been initiated. The essence of interrogation is to obtain information of interest to the investigation regarding the criminal case. The interrogation process itself and its features are described in the Criminal Procedure Code of the Russian Federation, where it is indicated how to conduct an interrogation correctly, but in rather general terms. The investigator is free to choose the interrogation tactics. Confrontation is a type of interrogation where two people are interrogated in turn, whose testimonies contradict each other. The interrogation time cannot exceed 8 hours. A break is allowed every 4 hours. During interrogation, at the initiative of the investigator, or at the request of the person being interrogated, video filming (video recording) or audio recording may be conducted. Whether it is possible to make an audio recording of an interrogation is a very controversial issue. But there is no direct prohibition on this in the law. After the interrogation, it is necessary to carefully check the interrogation protocol. It is important that the meaning of what was written matches the meaning of what was said. Investigators have various tactics, tricks and techniques used during interrogation. Therefore, it is better to go to the interrogation with a lawyer. When interrogating a minor, a legal representative must be present. If you remembered something after the interrogation and want to tell this information to the investigator, then you must file a petition for additional interrogation. Lawyer in St. Petersburg Danila Oleshko https://www.advokatoleshko.ru/ https://www.instagram.com/advokat_ole...

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